Backdraft Vendor Refund Policy
1. Purchasing services.
a. Available Subscription offers. The Portal provides Offer Details for available Subscription offers, which generally can be categorized as one of the following:
(i) Monthly Subscription: billed once per month based on the day the subscription was activated.
(ii) Semi-Annual Subscription: billed twice per year, with a renewal notice to be issued with reasonable notice to billing date.
(ii) All pricing is subject to change at any time upon notice.
b. Campaign Funding.
(i) Campaign rewards are funded by the vendor and do not automatically renew.
(ii) A campaign will end once:
Funds loaded to the campaign have been used.
The established end date has occurred.
(iii) From time to time, Backdraft may offer promotional funding for campaigns. These funds will only be valid during the specified timeframe and any unused funds will be returned to Backdraft upon completion of the promotional dates.
(i) Upon renewal of your Subscription, you will be provided with updated policies for review. If you do not agree to any of the updated terms, you may decline to renew your Subscription.
(ii) Automatic renewal is pre-selected.
If the existing Term is longer than one calendar month, we will provide you with notice of the automatic renewal before the expiration of the Term.
Monthly subscriptions will renew automatically for additional one-month terms until you terminate the Subscription.
Backdraft reserves the right to verify eligibility at any time and suspend the Online Service if the eligibility requirements are not met.
d. Taxes. Prices are exclusive of any taxes unless otherwise specified on the invoice as tax inclusive. You must pay any applicable value added, goods and services, sales, gross receipts, or other transaction taxes, fees, charges or surcharges, or any regulatory cost recovery surcharges or similar amounts that are owed under this agreement and which we are permitted to collect from you under applicable law. You will be responsible for any applicable stamp taxes and for all other taxes that you are legally obligated to pay. We will be responsible for all taxes based on our net income, gross receipts taxes imposed in lieu of taxes on income or profits, or taxes on our property ownership.
If any taxes are required to be withheld on payments you make to us, you may deduct such taxes from the amount owed to us and pay them to the appropriate taxing authority; provided, however, that you promptly secure and deliver an official receipt for those withholdings and other documents we reasonably request to claim a foreign tax credit or refund. You must ensure that any taxes withheld are minimized to the extent possible under applicable law.
2. Term, termination, and suspension.
a. Agreement term and termination. This agreement will remain in effect until the expiration, termination, or renewal of your Subscription, whichever is earliest.
b. Subscription termination. You may terminate a Subscription at any time during its Term; however, you must pay all amounts due and owing before the termination is effective.
(i) One-Month Subscription. A Subscription having a one-month Term may be terminated anytime without any cancellation fee as long as the cancellation request is submitted in writing 10 days prior to the renewal date.
(ii) Subscriptions of more than one-month - If you terminate a Subscription to Backdraft within 30 days of the date on which the Subscription became effective or was renewed, you must pay for the initial 30 days of the Subscription (at full price), but no payments will be due for the remaining portion of the terminated Subscription.
All other termination requests must be submitted in writing no later than the 15th of the month and you must pay a fee equal to one-month's Subscription fee and you will receive a refund of any portion of the Subscription fee you have paid for the remainder of the Term; provided, however, no refunds will be provided for partially unused months.
(iii) Campaign Funds - campaign funds will be issued separately from a cancelation reimbursement.
Campaign funds will be held for 14 days to ensure all users who met the requirements of the reward have been paid.
Any unused funds remaining after the time period above will be refunded to the vendor through their original payment method.
All refunds will be issued to the vendor in the form received.
(i) For all Subscriptions, a suspension will apply to the minimum necessary part of the Online Services and will be in effect only while the condition or need exists. We will give notice before we suspend, except where we reasonably believe we need to suspend immediately. We will give at least 30 days' notice before suspending for non-payment. If you do not fully address the reasons for the suspension within 60 days after we suspend, we may terminate your Subscription and delete your Customer Data without any retention period. We may also terminate your Subscription if your use of the Online Services is suspended more than twice in any 12-month period.
a. Limited warranty.
(i) Online Services. We warrant that the Online Services will meet the terms of the SLA during the Term. Your only remedies for breach of this warranty are those in the SLA.
(ii) Software. We warrant for one year from the date you first use the Software that it will perform substantially as described in the applicable user documentation. If the Software fails to meet this warranty we will, return the price paid for the Software.
b. Limited warranty exclusions. This limited warranty is subject to the following limitations:
(i) any implied warranties, guarantees or conditions not able to be disclaimed as a matter of law will last one year from the start of the limited warranty;
(ii) this limited warranty does not cover problems caused by accident, abuse or use of the Products in a manner inconsistent with this agreement or our published documentation or guidance, or resulting from events beyond our reasonable control;
(iii) this limited warranty does not apply to problems caused by a failure to meet minimum system requirements.
c. DISCLAIMER. Other than this warranty, we provide no warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability or fitness for a particular purpose. These disclaimers will apply except to the extent applicable law does not permit them.
4. Limitation of liability.
a. Limitation. The aggregate liability of each party for all claims under this agreement is limited to direct damages up to the amount paid under this agreement for the Online Service during the 12 months before the cause of action arose; provided, that in no event will a party's aggregate liability for any Online Service exceed the amount paid for that Online Service during the Subscription. For Products provided free of charge, Backdraft's liability is limited to direct damages up to $2,000.00 USD.
b. EXCLUSION. Neither party will be liable for loss of revenue or indirect, special, incidental, consequential, punitive, or exemplary damages, or damages for lost profits, revenues, business interruption, or loss of business information, even if the party knew they were possible or reasonably foreseeable.
c. Exceptions to limitations. The limits of liability in this Section apply to the fullest extent permitted by applicable law, but do not apply to: (1) the parties' obligations under Section 5; or (2) violation of the other's intellectual property rights.
a. Notices. Notices must be in writing and will be treated as delivered on the date received at the address, date shown on the return receipt, email transmission date, or date on the courier or fax confirmation of delivery. Written notices to Backdraft must be sent to the following address:
526 South Main Street
Akron, Ohio 44311USA
OR emailed to:
Notices to you will be sent to the address that you identify on your account as your contact for notices. Backdraft may send notices and other information to you by email or other electronic form.
c. Severability. If any part of this agreement is held unenforceable, the rest remains in full force and effect.
d. Waiver. Failure to enforce any provision of this agreement will not constitute a waiver.
e. No agency. This agreement does not create an agency, partnership, or joint venture.
f. No third-party beneficiaries. There are no third-party beneficiaries to this agreement.
g. Applicable law and venue. This agreement is governed by Delaware law, without regard to its conflict of laws principles, except that (i) if you are a U.S. Government entity, this agreement is governed by the laws of the United States, and (ii) if you are a state or local government entity in the United States, this agreement is governed by the laws of that state. Any action to enforce this agreement must be brought in the State of Delaware. This choice of jurisdiction does not prevent either party from seeking injunctive relief in any appropriate jurisdiction with respect to a violation of intellectual property rights.
i. Force majeure. Neither party will be liable for any failure in performance due to causes beyond that party's reasonable control (such as fire, explosion, power blackout, earthquake, flood, severe storms, strike, embargo, labor disputes, acts of civil or military authority, war, terrorism (including cyber terrorism), acts of God, acts or omissions of Internet traffic carriers, actions or omissions of regulatory or governmental bodies (including the passage of laws or regulations or other acts of government that impact the delivery of Online Services)). This Section will not, however, apply to your payment obligations under this agreement.
j. Contracting authority. If you are an individual accepting these terms on behalf of an entity, you represent that you have the legal authority to enter into this agreement on that entity's behalf. If you specify an entity, or you use an email address provided by an entity you are affiliated with (such as an employer) in connection with a Subscription purchase or renewal, that entity will be treated as the owner of the Subscription for purposes of this agreement.
k. Government customers. Government customers should consult with Backdraft prior to acceptance. By accepting this agreement, you represent that you have complied and will continue to comply with all applicable laws and governmental procurement requirements.
Any reference in this agreement to "day" will be a calendar day.
"User" means the customer, client, etc. who is utilizing the Backdraft app to receive rewards.
"Non-Backdraft Product" is any product or platform created outside of Backdraft Inc.’s development team.
"Offer Details" means the pricing and related terms applicable to a Subscription offer, as published in the Portal.
"Previews" means preview, beta, or other pre-release version or feature of the Online Services or Software offered by Backdraft to obtain customer feedback.
"Portal" means the Online Services' respective web sites.
"Product" means any Online Service (including any Software).
"SLA" means the commitments we make regarding delivery and/or performance of an Online Service.
"Subscription" means an enrollment for Online Services for a defined Term as specified on the Portal.
"Term" means the duration of a Subscription (e.g., 30 days or 12 months).